decision under prior act finding that claimant’s activity triggering subsequent complication must be “unreasonable under the circumstances” to be an independent intervening cause
How later courts described this case
- decision under prior act finding that claimant’s activity triggering subsequent complication must be “unreasonable under the circumstances” to be an independent intervening cause
Written by the judges who cited it.
The opinion
Tom Glaze, Judge, dissenting. The Commission found appellant’s second surgery was not a result of the May 29, 1980, injury, but was a result of either the automobile accident of November 7, 1980, or the fall from a ladder in January of 1981. Such a finding was clearly supported by substantial evidence, particularly that medical evidence showing appellant’s condition that required the second surgery was caused by the vehicular accident. The majority does not actually deny that such substantial evidence exists, but it remands the case because it infers from one of the Commission’s statements that the Commission actually refused compensation to the appellant because he was untruthful. I do not agree with the majority’s interpretation of what the Commission found and held. Appellant’s credibility was an issue, and in view of all the evidence, the Commission simply did not believe or accept the appellant’s arguments concerning the effect of his automobile accident. Credibility is always a matter lying exclusively within the province of the Commission. Here, the Commission resolved that credibility issue against appellant; merely because the Commission found that the appellant lacked credibility is no reason to remand this matter for further proceedings. Because substantial evidence supports the Commission’s denial of benefits, our remanding this matter will unnecessarily prolong this cause, and will in no way change the result. I would affirm.